Noisy flat upstairs

[smcgheester]

I have approached the upstairs flat due to extreme noise, i can basically hear everything in their daily lives, they also have a three year old who communicates through screeming and jumping on the floor, it is now a complete nightmare living there and I own my flat but the above flat is rented out, i have approach the managing agent who says it is my responsibility to pay for the sound proofing, noting there is carpet but over boards, i cannot believe that in this day and age that i have to live with incessant noise which effects my day to day life, what out human rights why isn't the law changing. What can i do.

[katieg29]

i know it must be difficult, but when you buy a flat with one above it, you must have realised that there was going to be people who would be living upstairs.
i lived in a flat above someone with my children and i was always telling the kids not to jump etc, but its akward and can lead to unneccessary arguements.

[4getmenot]

I had problem with boy upstairs, but it was his music and he got soundproofing put in because I complained. Not alot can be done unless they are very noisy after 11pm then you can get police involved if it is a nuisance, but a three yr old will be running and around. Can you not just turn your tv up to cover their sound?

[smcgheester]

Thanks for your comments but of course I understood that there would be people living upstairs but this is the third set of people living there and I never had this problem before. I do understand about children, but excessive jumping and screeming all hours and this does include late in the evening well after 11pm is not acceptable. I have discussed this with upstairs and they have been in a similar situation before. Putting up my tv doesn't even cover the noise and also having to listen to everything personal, running a bath, flushing a toilet, washing machine, every footstep, a child that screems to communicate, their arguments, their intermate time, I believe is not acceptable no matter what time of day it is. The law should change as it is out of date and this should not be accceptable for anyone. Hopefully by now you all have a house and finally have peace.

[4getmenot]

No the boy moved out and a bloke and his child moved in and they dont give me any hassle at all. Ring the council and complain about the noise they should help

[redcrx]

have they removed the carpet or something? You say you havnt had this problem before but surely the previous occupants flushed toilets, ran baths and had a washing machine so there must be a reason.

[bananie]

i would contact the local council and ask them to carry out a noise assessment, keep a diary of all the noise nuisances and see if they can get an asbo against them. the council may give you a noise monitor if you ask them for it

[Louisa 69]

If you live in a flat then there has to be some give and take when it comes to your neighbours. Moaning about the washing machine , running a bath, flushing the toilet seems pretty petty to me. If you can hear them, then they can probably hear you when you flush the loo. You can't force a child of 3 year old to sit up and be quiet all day long.

If however they are being anti social, having parties or loud music playing or shouting and banging doors late at night, then you've got grounds for complaint.

[smcgheester]

To the last person who answered. I have spoken to my neighbours and they cannot hear anything from my flat, you may not have lived in an extremely noisy environment and i am not being totally unreasonable, of course i know you cannot control children but excessive slamming doors, excessive jumping on the ceiling and excessive screeming late in the evening i believe is unreasonable, not in the day but when you are trying to sleep at night then yes . It happens every night and believe me there is plenty of give and take but late at night there has to be some sort of control.

[Law Student]

Have a look at your lease. It almost certainly contains the right to quiet enjoyment of the property (though quiet in this case doesn't refer simply to noise) and some obligations regarding not causing a noise. The flat above will have similar obligations.

You should be able to enforce your right to enjoy your property against your landlord or freeholder. They can forfeit the lease of your neighbour if they are in serious breach of their obligations. It would take time, and be messy, but you should be able to enforce your rights in the end.

Good luck.


LS

[fsailor]

I have the same problem as you so I know exactly what you mean. Like you, there is a three year old kid running and jumping above, and her sibling about to join in! The couple removed all carpeting and had the floors sanded... Before they moved in, we did have a neighbour who went in for heavy metal so we were relieved when the occupants changed but the joy was of short duration. In fact, the occupants are much much worse They never seem to sleep, keep stomping around day and night, dropping things on the bare -or barely covered- floors, moving furniture, banging things around slamming doors, and the children cry (scream really) an awful lot. This is really depressing. We work during the day and come back to rest but there is just never any peace except when they go away, which alas is not often. Weekends are worse - because we don't have the work place to escape to! We could sell - but how do you sell a place which is so noisy????